Government

Attorney General Abbott Applauds Unanimous Ruling Upholding Civil Commitment Of Sexual Predators

By Greg Abbott Attorney General of Texas

May 23, 2005

Texas Supreme Court rejects lower court ruling that the law was punitive

AUSTIN, Texas—Texas Attorney General Greg Abbott today hailed a unanimous decision by the Texas Supreme Court that upheld a state law requiring violent sexual predators to be under strict supervision and treatment after release from prison.

In issuing its opinion, the Court overturned a lower court ruling that had held the Texas Civil Commitment of Sexually Violent Predators Act to be unconstitutional because it was deemed punitive toward mentally incompetent individuals who committed violent sexual crimes. The Supreme Court reversed that judgment and held that because the act is civil, a sexually violent predator who may be incompetent to stand trial on criminal charges can nonetheless be civilly committed.

“I am pleased the Texas Supreme Court has affirmed this law, which empowers the state to prevent repeat sexual predators from preying on innocent Texans,” Attorney General Abbott said. “The civil commitment statute establishes an efficient, long-term program to make sure violent sex offenders remain under watch and in treatment. The Court unanimously agreed with our argument that this system is corrective and preventive, not punitive.”

The case, In re Commitment of Michael Fisher, was appealed from the 13th Court of Appeals in Corpus Christi, which had found the state’s civil commitment statute punitive and unconstitutional as applied to offender Michael Fisher, whose history of rape and assault led to the unanimous jury verdict that he was a dangerous sexual predator.

In October 2000, a district court heard sufficient evidence to conclude that Fisher, a schizophrenic, suffered from a behavioral abnormality that would predispose him to prey upon victims and commit violent sexual assaults. At that point, the lower court ordered him committed for outpatient treatment and supervision, which includes restrictions on residence and social contacts, among other safeguards. Fisher appealed to the 13th Court on the grounds that the statute was criminal in nature and should not apply to individuals who lack mental competency.

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